89R4711 AJZ-D     By: Meza H.B. No. 461       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain firearm transfers; creating   criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 6, Business & Commerce Code, is amended by   adding Chapter 205 to read as follows:   CHAPTER 205. REGULATION OF FIREARM TRANSFERS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 205.001.  DEFINITIONS. In this chapter:                (1)  "Department" means the Department of Public   Safety.                (2)  "Firearm" has the meaning assigned by Section   46.01, Penal Code.                (3)  "Licensed firearms dealer" means a person who is   licensed as a firearms dealer under 18 U.S.C. Section 923.   SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS          Sec. 205.051.  DOCUMENTATION OF PRIVATE FIREARM TRANSFERS.   (a) The department by rule shall adopt a form to document the sale   or other transfer of a firearm by a person who is not a licensed   firearms dealer.          (b)  The form adopted under Subsection (a) must include:                (1)  the name, driver's license or personal   identification certificate number, if any, and contact information   of the person selling or transferring the firearm;                (2)  the name, driver's license or personal   identification certificate number, if any, and contact information   of the person to whom the firearm is being sold or transferred;                (3)  the type of firearm and serial number of the   firearm being sold or transferred; and                (4)  any other information the department considers   necessary to document the sale or transfer.          Sec. 205.052.  DOCUMENTATION REQUIREMENTS FOR PRIVATE   FIREARM TRANSFERS. (a) Except as provided by Subsection (b), a   person may not sell or otherwise transfer a firearm to another   person unless the person is a licensed firearms dealer.          (b)  Subject to Section 205.053, a person who is not a   licensed firearms dealer may sell or otherwise transfer a firearm   to another person only if the transferor:                (1)  documents the transfer on the form adopted by the   department under Section 205.051; and                (2)  submits the form described by Subdivision (1) to   the department not later than the 30th day after the date of the   transfer.          (c)  A person who violates this section commits an offense.   An offense under this section is a Class C misdemeanor.          Sec. 205.053.  VOLUME LIMITATIONS ON PRIVATE FIREARM   TRANSFERS. (a) A person may not sell or otherwise transfer more   than five firearms to one or more persons each year unless the   transferor is a licensed firearms dealer.          (b)  A person who violates this section commits an offense.   An offense under this section is a Class C misdemeanor.          (c)  This section does not apply to:                (1)  a transfer of a firearm to a person by inheritance   or bequest on the death of the owner of the firearm; or                (2)  a sale or other transfer of a firearm by the owner   of the firearm if the transferor and the transferee are related   within the third degree by consanguinity or within the second   degree by affinity, as determined under Chapter 573, Government   Code.   SUBCHAPTER C. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR   PRIVATE TRANSFER OF FIREARMS          Sec. 205.101.  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK   REQUIRED FOR PRIVATE TRANSFER OF FIREARMS. A person may not sell or   otherwise transfer a firearm to another person unless:                (1)  the person is a licensed firearms dealer;                (2)  the person transfers the firearm to a licensed   firearms dealer; or                (3)  before the firearm is delivered to the person to   whom the firearm is being transferred, the person transferring the   firearm delivers the firearm to a licensed firearms dealer to   retain possession of the firearm until the dealer conducts a   national instant criminal background check in the manner required   by 18 U.S.C. Section 922 and verifies that the proposed transferee   may lawfully possess a firearm.          Sec. 205.102.  DUTIES OF LICENSED FIREARMS DEALER. (a) If a   licensed firearms dealer receives a firearm under Section   205.101(3), the dealer shall conduct a national instant criminal   background check in the manner required by 18 U.S.C. Section 922 to   verify that the person to whom the firearm is being transferred may   lawfully possess the firearm. The transfer may not occur until the   dealer completes the background check required by this subchapter.          (b)  If a licensed firearms dealer determines that the   proposed transferee may not lawfully possess a firearm, the dealer   shall return the firearm to the person who delivered the firearm to   the dealer under Section 205.101(3).          (c)  A licensed firearms dealer to whom a firearm is   delivered under Section 205.101(3) may collect a reasonable fee   from the person who delivered the firearm to the dealer.          Sec. 205.103.  OFFENSE. A person who violates this   subchapter commits an offense. An offense under this section is a   Class A misdemeanor.          SECTION 2.  This Act takes effect September 1, 2025.